CANADIAN BROADCAST STANDARDS COUNCIL BRITISH COLUMBIA REGIONAL PANEL CHMJ-AM re a segment on Loveline (CBSC Decision 02/03-0459) Decided July 22, 2003 S. Warren (Chair), P. Gill, M. Loh, E. Petrie THE FACTS CHMJ-AM (MOJO Radio, Vancouver) broadcast an ePisode of the American- originating show Loveline between 10:00 Pm and midnight on December 23, 2002. The hosts, “Dr. Drew” and Adam Carolla, took calls from listeners seeking advice about sex, relationshiPs, drugs and also discussed current events and PoP culture. The format of the Program frequently included a celebrity guest in the studio. The late in the year ePisode that is the subject of this decision was a “Best of” show, featuring highlights from Programs of the Past year. The guest involved in the challenged segment of the show, which was aired at aPProximately 11:15 Pm, was the well-known television and film actor Tom Arnold. The following is an abbreviated version of the transcriPt of the segment (the full transcriPt can be found in ApPendix A): Adam: Is that Lorraine? Lorraine: Yes it is. Adam: Hi Lorraine. You’re 20. What’s uP? Lorraine: Hey. Well, I’m a Phone actress. My Problem is my callers are coming way too fast. And in order for me to make any kind of dough, I need to keep a seven minute minimum with each caller. Adam: Oh my god. Lorraine: So I need some advice, guys. What do you guys like to hear on the phone? How can I keeP these guys – 2 Adam: Lemme, lemme get this straight. You do [he plays an audio clip of a woman seductively saying “Are you hot daddy?”] [Lorraine laughs] Oh, I thought you were doing like Man of La Mancha and stuff over the phone for, like, people that were bed-ridden or something like that and couldn’t get to the theatre. But you’re just, you’re just doin’ the sex talk, huh? Lorraine: Right. Adam: How do you describe yourself? Because I think they do a little too good a job sometimes and then it’s like [he Puts on a seductive voice] “I’m 5’9”, I’m a 38 double D, I have –“. Phltt [noise intended to represent ejaculating] [he laughs]. Lorraine: Oh no, I keeP it real. I say I’m about 5’7”, long dark hair, green eyes, 36C, 24-inch waist. […] Adam: […] So, Lorraine. You describe yourself, is that what you are? Lorraine: Yes, I am. Adam: Okay. And, and, uh, what, what do you do? Like is the talk, you’re saying the talk is, like, extra naughty, extra good? Like, talk to Tom. See if you can, uh ... […] Lorraine: Who’s this? Tom: Tom. Lorraine: Hey Tom, I’m Sugar. How’re you doin’? Tom: Good, good, Sugar. What’s goin’ on? Lorraine: Oh nothin’ much, just relaxin’ a bit on my bed. […] Lorraine: Oh man. Well, I say my niPPles are a bit hard and I’m wearin’ a black thong and I’m touchin’ myself. Adam: Mm hm. Tom: Yeah that. Adam: That’s sweet. Yeah, well listen. Why don’t you, why don’t you sort of work, like, you know what you oughta do? Lorraine: What? Adam: Here’s what you oughta do. ’Cause you don’t, you don’t want to be too mundane and you want to be sexual, but maybe if she did 3 it in a sort of subliminal way, she could add a little time. Like, you go like, the guy will go “what’re you wearin’?” Drew: [??] favourite sPorts team. Adam: No no, she’ll go like “I’m wearin’ a lacy black teddy, Holocaust, with a long, Hitler, camisole [Tom & Drew laugh]. You know, cancer, and” [Adam laughs] just see, like, see if you could just slide in like “cancer”, “Holocaust”, “grandParents” and see what you could do. Tom: That’s good. Adam: And I bet it would add some time. The mind works, the mind is very interesting that way. Drew: She’ll be a subliminal Porn Phone sex oPerator. Adam: Right, right. […] Adam: So here’s what you do. I ask you what you’re wearing and somewhere you work in “Vietnam” very quickly. Very quickly. All right? Lorraine: Okay. Adam: All right, here we go. And what are you wearin’, Sugar? Lorraine: Ooh, I’m wearin’ a nice lace garter with a nice black lace bra. Adam: Yeah, yeah. Lorraine: Mmm. How’s that? Adam: Yeah, but, you know. It was almost perfect. Drew: Where’s the, where’s the “Vietnam” Part? Lorraine: Vietnam? [Tom, Drew & Adam laugh] Adam: Okay so. It’s my fault for attemPting to communicate with PeoPle that call the show. Tom: You, I was amazed. I thought that you had Pulled that off with her, that she was, like, right on it. […] Adam: Yeah. Okay, lemme exPlain. I have this subliminal suggestion idea. Drew: Don’t use that word. It’s too, too – Adam: I have this quick word thing that’s gonna hurt the guys’ Penises, 4 okay? Lorraine: Okay. Adam: Now, when you describe what you’re wearing, I want you to very quickly work in the word “Holocaust”. Lorraine: “Holocaust”? Adam: “Holocaust”. Lorraine: “Holocaust”. Okay. Drew: Give her an easier word: “cancer”. Adam: Do you know what the Holocaust is? Lorraine: No, I don’t. Adam: Oh, okay. All right. Drew: Oh boy. Oh boy. Adam: All right, that’s all right. Hey, by the way, L.A. unified schools district everybody. I’m a product. God bless you guys. You’re really doin’, you’re really doin’ a job over there. [Drew & Tom laugh] Lorraine: I [??]. Adam: Subliminal Holocaust. Okay, okay. Work in “cancer”. Work in “cancer”. Drew: Do you know what cancer is? Lorraine: Okay, okay. Adam: All right. Work in the word “cancer” when you’re describing what you’re wearing. All right? Lorraine: Oh, most definitely. Adam: All right, you ready? Ring ring. Lorraine: Hi, how’re you doin’? Adam: All right. What’s your name? Lorraine: I’m Sugar. Who are you? Adam: Sugar. I’m Ace. Lorraine: Hey Ace. Adam: Yeah. What’re you wearin’? 5 Lorraine: Mmm. Well I’m wearin’ a nice black garter. Mmm just thinkin’ about the Holocaust right now. [Adam, Tom & Drew laugh] Oh this is too much. Adam: [in mock aroused voice] Yeah, yeah, burn those Jews. Gas ’em in the shower, baby. Yeah, yeah. Lorraine: I’m sending you my bill. Adam: [continuing with mock aroused voice] Yeah, yeah, send ’em on the train to Krakow. Lorraine, we may need to tweak this just a little bit more. […] The complainant wrote to the CBSC on December 27. He said in Part (the full text of his letter and all other correspondence can be found in ApPendix B): This letter is to rePresent a formal request for an investigation to be carried out immediately in connection with a broadcast on CJNW [sic] (MOJO radio 730 AM) in Vancouver, B.C. I believe that such an investigation may find violations of broadcasting standards and/or federal or provincial legislation. In my opinion the offending broadcast ridiculed the holocaust exPerience and was racist in its content. The station’s Program Director responded on January 31 as follows, in Part: Your email sets out your concerns regarding a comment made by a listener […] that you felt was offensive, racist and that ridiculed the Holocaust experience. […] On December 23, 2002, the Program, which airs on MOJO Radio, Sunday to Thursday, between 10:00 Pm and midnight, did a taPed Program rePlaying some of the year's highlight moments. In this case, a female listener who works as a telephone sex operator, called the Program. Her "problem", as she put it, was that she was so good at her calling that men did not stay on the line long enough for her to make money. She was therefore in search for what she could do so as to make her callers stay on the phone longer. The hosts, with guest Tom Arnold, suggested she sliP in subliminal messages as she did her work. Some examPles suggested by the host were words such as "cancer", "grandParents" and "Holocaust", to name a few. They then asked her to Practice this method on the air. The "humour" surrounding the segment dealt with the woman's lack of understanding of what they were suggesting she do and had nothing to do with the Holocaust other than its rePresentation as a word conjuring uP horrible images. We aPPreciate that you may find the comment to be in Poor taste. However, the Canadian Association of Broadcasters codes (the "Codes"), administered by the CBSC have clarified that "the broadcaster's Programming resPonsibility does not extend to questions of good taste." The complainant was dissatisfied with the broadcaster’s response and returned the CBSC’s Ruling Request, which has the effect of triggering the adjudication Process, on February 4. His Ruling Request was covered by an e-mail, in which he raised the following Points: 6 Let me further state that I have repeatedly requested a copy of the tape and transcriPt of the radio broadcast in question, but to no avail. My requests have been made to both your office and the CRTC. I find it quite surPrising that I am suPPose [sic] to Pursue this comPlaint, and resPond to the broadcaster's resPonse, while being Prohibited from reviewing the offending comments on taPe and transcript. Meanwhile the broadcaster has access to the taPe in PreParing his response.